Handbook of the Evangelical Lutheran Synod

Transcription

1 Handbook of the Evangelical Lutheran Synod Articles of Incorporation Constitution and Bylaws Policies Adopted by the Evangelical Lutheran Synod in Convention

2 Contents Introduction Articles of Incorporation and Constitution Section 110: Articles of Incorporation of the Evangelical Lutheran Synod Section 111: The Norwegian Synod of the American Evangelical Lutheran Church Under Chapter 187 of the Laws Of Wisconsin Section (1) Section 120: The Constitution of the Evangelical Lutheran Synod Section 121: Bylaws of the Evangelical Lutheran Synod Section 130: Articles of Incorporation of the Evangelical Lutheran Synod Foundation Section 131: Bylaws of the Evangelical Lutheran Synod Foundation Section 140: Articles of Incorporation of Missions Advancement Project, Inc. Section 141: Bylaws of Missions Advancement Project, Inc. Section 142: Guidelines for Missions Advancement Project, Inc. Administrative Guidelines Section 210: General Synodical Guidelines Section 215: Guidelines for the Synod s Relationship to its Executive Officers Section 220: Guidelines for Synodical Membership Section 221: Guidelines for the Colloquy Committee Section 222: Guidelines for the Pastor s Ordination and Installation Section 223: Guidelines for the Clergy Roster Section 224: Guidelines for the Emeritus Award Section 225: Guidelines When There is a Pastor or Teacher Vacancy in a Congregation Section 230: Guidelines for the Circuit Visitors and Visitations Section 240: Convention Guidelines Section 242: Guidelines for the General Pastoral Conference Section 245: Guidelines for Equalization of Expenses for the Annual Convention and General Pastoral Conferences of the Evangelical Lutheran Synod Section 250: Guidelines for Adopting Doctrinal Statements Section 260: Guidelines for Synodical Discipline and Appeals Operational Guidelines Section 310: Guidelines for the Board of Trustees of the Evangelical Lutheran Synod Section 312: Guidelines for the Committee for Archives and History of the Evangelical Lutheran Synod Section 320: Guidelines for the Evangelical Lutheran Synod Board of Regents Section 330: Guidelines for the Doctrine Committee Section 341: Guidelines for the Board for Home Outreach Section 345: Guidelines for the Board for World Outreach Section 351: Guidelines for the Committee on Worship Section 353: Guidelines for the Board for Youth Outreach Section 355: Guidelines for the Board for Christian Service Section 357: Guidelines for the Committee for Communication Section 360: Guidelines for the Synod Review Committee Section 370: Guidelines for the Planning and Coordinating Committee Section 390: Guidelines for Church-Related Organizations Educational Guidelines Section 410: Articles of Restatement of the Articles of Incorporation of Bethany Lutheran College, Inc. Section 411: Bylaws of Bethany Lutheran College, Inc. Section 412: Guidelines for the Evangelical Lutheran Synod Board of Regents Section 413: Guidelines for the Board of Trustees of Bethany Lutheran College, Inc. Section 414: Guidelines for Bethany Lutheran College Section 415: Guidelines for Bethany Lutheran Theological Seminary Section 420: Restated Articles of Incorporation of the Lutheran Schools of America, Inc. Section 421: Bylaws of the Lutheran Schools of America Section 422: Guidelines for the Board for Education for the Schools of the Evangelical Lutheran Synod Section 510: Circuit Divisions in the Evangelical Lutheran Synod

3 Introduction The work of the Evangelical Lutheran Synod and its boards and committees is guided by five categories of documents: (1) the Holy Bible, (2) the confessions of the Lutheran Church set forth in the Book of Concord of 1580, (3) the articles of incorporation, (4) the constitution and (5) the various guidelines. The Bible is the holy, perfect, inerrant, soul-saving Word of God to which nothing is to be added and from which nothing is to be taken away. The symbolical books or confessions, enumerated in the constitution, are the works of men, but we believe them to be a correct statement of the teachings of Scripture. The articles of incorporation are the synod s face to the world. Articles are required of all corporations and state the mission of the corporation and its civic relationship. There are four: (1) The Articles of Incorporation of the Evangelical Lutheran Synod (Minnesota), (2) The Articles of Incorporation of the Evangelical Lutheran Synod (Wisconsin), (3) The Articles of Incorporation of the Evangelical Lutheran Synod Foundation and (4) The Articles of Incorporation of Bethany Lutheran College. The constitution describes the manner in which the synod will function. The bylaws of the constitution provide more elaboration. The guidelines provide direction for the work of the various boards and committees of the synod, for the conduct of the conventions, and for the work of the visitors. While the synod has no authority to amend the Scriptures or the confessions, it does have the authority in convention to amend the articles of incorporation, the constitution and the bylaws, as well as these guidelines, provided that the proposed amendments have been previously announced in the Book of Reports and Memorials or the Convention Handbook and are a part of the agenda. Amendments to the constitution require ratification at the succeeding convention. This handbook contains the articles of incorporation, the constitution and the guidelines. These documents have been assembled into three sections, Administration, Faith and Service, and Education. These are detailed for you in the table of contents. There follows a listing of the congregations by the circuit divisions and a topical index. All of the parts of the handbook except the tables of contents and the index have been adopted by the synod in convention; therefore, it is the obligation of the officers, the boards and committees and the congregations to follow their guidance. The guidelines are the directions that the conventions have given to the boards and committees as they proceed to conduct their business. These documents were written, revised and approved by men, therefore they are subject to error and to changes that circumstances or time may bring. Guidelines that are no longer appropriate should not be ignored, but mention should be made of them in the board or committee s regular report to the convention. It is most likely that the convention will direct the Synod Review Committee to study the expressed concern and report to the next convention. The Board of Trustees and the president also may direct the committee to make various studies. While this handbook contains the guidelines as they were in effect following the June 2002 convention, it is likely that there will be changes adopted by succeeding conventions; therefore, it is the recommendation of the Synod Review Committee that a review of this document and any amendment thereto be made at some time within the next five years to determine whether there is need for republication. In the fall of 1996 the president assigned to the Synod Review Committee the task of reviewing the then current handbook. The committee studied the handbook and the amendments that had been adopted by conventions since the last time that the book had been published. The goal was to design the guidelines to meet the current needs and practices of the boards and committees. Many parts have been revised more than once. Since that time [1996] the members of the committee have been Prof. em. J.B. Madson, chairman, Mr. Robert Brown, both elected by the convention; and Pastor em. Alf Merseth, secretary, Pastor em. M. E. Twiet, and Norman Werner, all appointed by the president. In June 2002 the convention directed the Synod Review Committee and the Board for Publications to see to the publishing of the handbook. SOLO DEO GLORIA Synod Review Committee August 2002

4 Articles of Incorporation and Constitution Articles of Incorporation and Constitution

5 110 Articles of Incorporation of the Evangelical Lutheran Synod Section 110 Articles of Incorporation of the Evangelical Lutheran Synod Article I That a corporation is hereby formed and incorporated under the laws of the State of Minnesota, and more particularly Sections 6612 and 6613 General Statutes of Minnesota, 1913, being Sections 3152 and 3153 Revised Laws, Article II The name of this corporation shall be the Evangelical Lutheran Synod. Article III This corporation is organized on a membership basis and shall have no capital stock, nor the authority to issue such stock. The membership of this corporation shall consist of those congregations and individuals who subscribe to the Constitution of the Evangelical Lutheran Synod and have been accepted into membership. (see The Constitution of the Evangelical Lutheran Synod, Chapter II) The government of this corporation shall be vested in its membership and exercised by its delegate conventions. Article IV The synod accepts as its only source and rule of faith and doctrine God s Holy Word revealed in the canonical books in the Old and New Testaments; and all the Confessions of the Lutheran Church contained in the Book of Concord, as a true exposition of the canonical books in the Old and New Testaments. These books are: The Apostles Creed; The Nicene Creed; The Athanasian Creed; The Unaltered Augsburg Confession; The Apology of the Augsburg Confession; The Smalcald Articles; Luther s Small Catechism; Luther s Large Catechism; The Formula of Concord (Epitome); The Formula of Concord (Solid Declaration). Article V The purpose of this corporation shall be to foster, maintain and establish the interests of the Evangelical Lutheran Church, and to that end establish missions, call and send missionaries, establish and maintain schools, colleges, seminaries, orphans homes and charitable institutions; educate ministers of the gospel, teachers for Christian instruction of children and youths, and missionaries for mission work; encourage discussion of moral and theological themes, maintain the preaching of the Word of God and use proper means to develop true faith and Christian lives among its members; encourage the reading and use of the Holy Scripture, Lutheran school books, hymn books and other devotional books, periodicals and papers, by dealing therein and printing and publishing the same. To carry its purpose into effect, this corporation may exercise all the power conferred by the laws of this state, and may adopt a corporate seal, make contracts, establish bylaws, rules and regulations of the management of its business, sue and be sued by its corporate name, and may acquire real and personal property by purchase, gift, grant, devise or bequest, and hold and employ the same for religious, charitable or educational purposes, and may sell, invest, transfer or mortgage the same, and transact all secular business and manage the temporal affairs of said corporation, and may exercise such other power as its constitution and bylaws may prescribe, not inconsistent with the Laws of this state and the Lutheran Confessions. Article VI The registered address of this corporation shall be 6 Browns Court, City of Mankato, Blue Earth County, State of Minnesota Article VII The corporation shall meet annually for the purpose of conducting the affairs of the corporation. At such meetings, the lay delegates of the congregations of this synod and every pastor of such congregations and such other persons as the corporation s constitution and bylaws may determine shall be entitled to vote. These members shall have the power to transact all business pertaining to the affairs of the corporation. The secretary shall give written notice of meetings to each congregation from which the membership of this corporation is drawn stating the time and place of the meeting, which notice may either be addressed according to the last available corporate records and mailed, not less than ten (10) or more

6 110 Articles of Incorporation of the Evangelical Lutheran Synod than thirty (30) days before the date of said meeting, or published in an official publication of the synod which is regularly circulated to all such congregations within sixty (60) days of the date of the meeting. Article VIII Between meetings of the corporate membership, the general management and control of this corporation shall be vested in a board of nine (9) trustees, two (2) of whom shall be the president and secretary elected at the corporation s annual meeting. The president and secretary shall be elected for a term of four (4) years. The remaining seven (7) trustees shall each be elected for three (3) year terms, two (2) shall be elected at the corporation s annual meeting in the year 2000, three (3) shall be elected in the year 2001 and two (2) shall be elected in the year Thereafter officers and trustees shall be elected as their terms expire. At the same time the president is elected, a vice president shall be elected for a four (4) year term. There shall not at any time be more than five (5) or less than three (3) pastors on the Board of Trustees. Article IX The trustees shall have the general management and control of all the secular business and temporal affairs of said corporation. All such business and affairs they shall conduct in accordance with the constitution, bylaws, rules and resolutions of the synod. The secretary shall keep a record of all transactions of the board and have custody of the corporate seal. Article X The Board of Trustees shall appoint a treasurer of the corporation and arrange for his bonding. He shall serve at the pleasure of the board and shall receive and disburse the funds of the corporation under the direction of the synod and the Board of Trustees, and shall keep true account of all funds received and disbursed and make full report to the Board of Trustees at such times as the board by resolution may request. Any change in the fiscal year of the Evangelical Lutheran Synod shall be proposed by the Board of Trustees and approved by a convention. Article XI The names and addresses of those elected as the first officers of the corporation are as follows: Trustees for one year: B. Harstad, Parkland, Washington P. Tjernagel, Story City, Iowa Trustees for two years: L. E. Ludvig, Lake Mills, Iowa Nels Spangelo, Albert Lea, Minnesota Trustees for three years: Alvin Drotning, Deerfield, Wisconsin G. A. Gullixson, Chicago, Illinois Article XII This corporation does not afford pecuniary gain, incidentally or otherwise, to its members. The property of the corporation is irrevocably dedicated to religious, charitable, or hospital purposes and upon the liquidation, dissolution, or abandonment of the owner will not inure to the benefit of any private person, but may inure to the benefit of a fund, foundation or corporation organized and operated for religious, hospital or charitable purposes. Article XIII The duration of this corporation shall be perpetual. History of the Amendments to the Articles of Incorporation Articles of Incorporation originally adopted June 10, 1920, amended as to Article X in 1956; amended as to name in ; amended as to Article VI in 1962 and amended as to Articles V and VI in 1985, with Article XI added in In 2000 a new Article III was added; previous Article III amended and renumbered as Article IV; previous Article IV renumbered as Article V; previous Article V renumbered as Article VI and also amended as to address; previous Article VI divided into Articles VII and VIII and amended; previous Articles VII through XI renumbered as Articles IX through XIII, respectively; Article X (previously VIII) amended.

7 110 Articles of Incorporation of the Evangelical Lutheran Synod I, B. Harstad, do hereby certify that I was the presiding officer (and I, L. P. Jenson, certify that I was secretary) of a meeting at the City of Minneapolis, in the State of Minnesota, on the 10th day of June, 1920, held by the representatives, delegates and others entitled to vote at the annual meeting for 1920, of the Norwegian Synod of the American Evangelical Lutheran Church (now known as the Evangelical Lutheran Synod), which is a synod for religious purposes, composed of and representing several congregations in the State of Minnesota and elsewhere; that at said meeting a resolution to form a corporation was duly adopted by said representatives, delegates and others so entitled to vote; that the foregoing is a true copy of said resolutions and of the whole thereof. Dated at Minneapolis, Minnesota, June 10th, L. P. Jenson, Secretary Bjug Harstad, Presiding Officer Subscribed and sworn to before me this 10th day of June, 1920 K. T. Dahlen, Notary Public, Hennepin County, Minn. My commission expires February 2, 1921

8 111 The Norwegian Synod of the American Evangelical Lutheran Church Section 111 The Norwegian Synod of the American Evangelical Lutheran Church Under Chapter 187 of the Laws Of Wisconsin Section (1) (Articles of Incorporation of the Norwegian Synod of the American Evangelical Lutheran Church filed with the State of Wisconsin, October 28, 1940.) We, the undersigned, H. Ingebritson, President, and Geo. O Lillegard, Secretary, respectively of THE NORWEGIAN SYNOD OF THE AMERICAN EVANGELICAL LUTHERAN CHURCH, hereby certify that at the Annual Convention of said Synod held June 13, 1940, to June 19, 1940, inclusive, and specifically on the 19th day of June, 1940, the following proceedings were had and the following resolution was adopted, to wit: Whereas, The Norwegian Synod of the American Evangelical Lutheran Church is incorporated under the Laws of the State of Minnesota, and Whereas, considerable real property, loans and church extension funds, gifts, legacies and bequests, are subject to the laws of the State of Wisconsin, where considerable such real property and other assets are located, and where gifts, legacies and bequests have to be probated and administered, and Whereas, the Synod is advised that much delay and inconvenience may be avoided and a considerable saving of expense effected by being incorporated also under the laws of the State of Wisconsin, NOW THEREFORE BE IT RESOLVED, by the Norwegian Synod of the American Evangelical Lutheran Church that the Board of Trustees of said Synod be authorized and directed to incorporate under section (1) of the Wisconsin Statutes in the manner therein provided, We further certify that the duly elected trustees of said Synod are the following, to-wit: Rev. E. Hanson, John M. Melaas, elected in 1938 for 3 years. Terms expire in Professor C. A. Molstad, H. N. Hanson, elected 1939 for 3 years, Terms expire Rev. J. B. Unseth, A. O. Anderson, elected 1940 for 3 years. Terms expire We further certify that the name of the body by whom above named trustees were elected is - THE NORWEGIAN SYNOD OF THE AMERICAN EVANGELICAL LUTHERAN CHURCH; that the corporate name by which such trustees are to be known is THE NORWEGIAN SYNOD OF THE AMERICAN EVANGELICAL LUTHERAN CHURCH, and that the terms of office of said trustees are 3 years, two elected at each Annual Convention of said Synod, and the corporate location at Madison, Wisconsin. We further certify that the purpose for which it is desired to incorporate them in the State of Wisconsin is as stated in the preamble to the above and foregoing resolution, to wit: To facilitate the administration of the affairs of said Synod in Wisconsin and preserve its real property, loans, church extension funds, gifts, legacies and bequests, given, devised and bequeathed to said Synod for its use and benefit in said State, and otherwise assist and promote the object and purposes of said Synod. IN WITNESS WHEREOF, we, the said H. Ingebritson, the President, and Geo. O. Lillegard, the Secretary, have hereunto set our hands and seals this 20th day of October A.D., H. Ingebritson (signed) (SEAL) President. Geo. O. Lillegard (signed) (SEAL) Secretary.

9 111 The Norwegian Synod of the American Evangelical Lutheran Church (The name of the synod was changed to Evangelical Lutheran Synod June 1957 and filed with the Secretary of State of the State of Wisconsin on May 12, 1976, and in Dane County, Wisconsin, on June 15, 1976.) United States of America State of Wisconsin-Department of State To All to Whom These Presents Shall Come, Greeting: The undersigned, as Secretary of State of the State of Wisconsin, certifies that Articles of Incorporation of THE NORWEGIAN SYNOD OF THE AMERICAN EVANGELICAL LUTHERAN CHURCH chg name to EVANGELICAL LUTHERAN SYNOD of which the attached is a duplicate, was on the date hereof, accepted and filed in my office. In Testimony Whereof, I have hereunto set my hand and affixed my official seal at the Capitol, in the City of Madison, on May 12, 1976 Douglas LaFollette (signed) DOUGLAS LAFOLLETTE Secretary of State United States of America State of Wisconsin Department of State To All To Whom These Presents Shall Come: The undersigned, as Secretary of State of the State of Wisconsin, hereby certifies that, on payment of the fee required by law, there was filed in my office on May 12, 1976, Amendment to Articles of Incorporation of THE NORWEGIAN SYNOD OF THE AMERICAN EVANGELICAL LUTHERAN CHURCH changing the name to EVANGELICAL LUTHERAN SYNOD. I further certify that a certificate has been filed in my office to the effect that a duplicate thereof, bearing my certificate, was recorded in the office of the Register of Deeds of Dane County, Wisconsin, on June 15, In Witness Whereof, I have hereunto set my hand and affixed my official seal, at the Capitol, in the City of Madison, on July 22, Douglas LaFollette (signed) DOUGLAS LAFOLLETTE Secretary of State

10 120 The Constitution of the Evangelical Lutheran Synod Section 120 The Constitution of the Evangelical Lutheran Synod Chapter I: Name and Confession Paragraph 1 The name of this organization shall be: Evangelical Lutheran Synod. Paragraph 2 The only source and rule of the Synod s faith and doctrine is the Word of God, revealed in the canonical books of the Old and New Testaments. Paragraph 3 The Evangelical Lutheran Synod subscribes to all the symbolical books, or confessions, of the Lutheran Church contained in the Book of Concord, because they are a correct statement of the teachings of Scripture, namely: a) The three ecumenical creeds: the Apostolic, the Nicene and the Athanasian; b) The Unaltered Augsburg Confession; c) The Apology of the Augsburg Confession; d) The Smalcald Articles; e) Luther s Small Catechism; f) Luther s Large Catechism; g) The Formula of Concord, Epitome; h) The Formula of Concord, Thorough Declaration. Chapter II: Membership (see Bylaws Chapter II) The synod consists of those congregations and individuals who subscribe to this constitution and have been accepted into membership. Chapter III: Purpose (see Bylaws Chapter III) The synod exists to carry out the command of Jesus Christ to preach the Gospel to every creature (Mark 16:15; Matthew 28:19 20), to contend for the faith (Jude 3), and to promote the development of Christian life (Galatians 5:22 25) within its membership. Chapter IV: Conventions (see Bylaws Chapter IV) In accordance with the apostolic example in Acts 15, the affairs of the synod are to be organized and directed by conventions called for that purpose. Chapter V: Governance Between Conventions The activities of the synod between conventions shall be conducted by its officers, boards and committees. Paragraph 1 The governance of the synod shall be vested in a board of nine (9) trustees, who shall have jurisdiction over all secular business and temporal affairs of the synod. They shall conduct these affairs in accordance with the constitution, bylaws, rules and resolutions of the synod. Paragraph 2 The board shall consist of nine (9) trustees, two (2) of whom shall be the president and the secretary of the synod. There shall not at any one time be more than five (5) or less than three (3) pastors on the board. The president and the secretary of the synod shall also be the president and the secretary of the Board of Trustees. The vice president of the synod shall be an advisory member of the Board of Trustees. Paragraph 3 Other areas of the synod s work shall be assigned to its various boards and committees and shall be conducted in accordance with the regulations established by the synod.

11 120 The Constitution of the Evangelical Lutheran Synod Chapter VI: Officers (see Bylaws Chapter VI and Chapter VII) The officers of the synod are its president, vice president and secretary. Chapter VII: Amendments With the exception of Chapter I paragraphs 2 and 3 (the contents of which must not be changed), amendments to this constitution may be made in the following manner: Resolutions for amendments are to be presented to a regular convention and if adopted by a two-thirds majority vote be published, so that the congregations may review such amendments and respond to the president of the synod prior to the next regular synodical convention, which convention shall consider the proposed amendment(s) again, and if ratified by a two-thirds majority vote, shall become amendments to the constitution.

12 121 Bylaws of the Evangelical Lutheran Synod Section 121 Bylaws of the Evangelical Lutheran Synod Chapter I: Liturgical Forms and Ceremonies In order to preserve unity in liturgical forms and ceremonies, the synod recommends to its congregations that they use the Order of Worship based on the Danish Norwegian liturgy of 1685 and agenda of 1688, or the Common Order of Worship, as each congregation may decide. Chapter II: Application for Membership Paragraph 1 A congregation wishing to join the synod shall make application to the president. As evidence of the fact that its doctrine, confessions, rites and practices are truly scriptural and evangelical Lutheran, its application shall be accompanied by: a) a copy of the congregation s articles of incorporation, constitution and bylaws, which must require: 1) acceptance of the Holy Scriptures as the inspired and inerrant Word of God revealed in the canonical books of the Old and New Testament; 2) acceptance of all the symbolical books of the Lutheran Church because they are a correct statement of the teaching of Scripture; 3) that only male members be given the right to speak and vote in formal congregational meetings; 4) that only those shall be called to preach and teach who subscribe to the confessions and teachings of the synod; 5) that members of unchristian and false teaching organizations shall not be admitted as members of the congregation; b) a properly certified declaration that the congregation has subscribed to the constitution and bylaws of the synod at a legally called meeting of the congregation. c) These documents shall be presented to the synod for action at its convention. d) Policy and other substantive changes to the documents in a shall be forwarded to the president of the synod for synodical review. Paragraph 2 An individual wishing to join the synod shall make application to the president. The application shall be accompanied by a statement declaring the applicant s unconditional acceptance of (subscription to) the doctrines of the Holy Scripture and the confessions of the Lutheran Church set forth in the Book of Concord of The application should also express acceptance of the doctrinal position of the Evangelical Lutheran Synod as set forth in doctrinal resolutions and statements as well as in its constitution and bylaws. a) Such application shall be made by: 1) pastors who are serving member congregations; 2) pastors who are serving non-member Lutheran congregations; 3) pastors who are serving independent congregations, the confessions and teachings of which are in agreement with those of the synod; 4) male teachers who serve schools of member congregations; 5) male professors who serve educational institutions of the synod; b) The synod recognizes that there are men and women in special circumstances. These may also make application. Such applications shall be reviewed and acted on by the synod on an individual basis. Chapter III: Activities The synod shall through its elected boards and committees under the supervision and coordination of its president: a) promote an ongoing study of the Holy Scriptures (John 5:39); b) promote the distribution and use of the Holy Scriptures, orthodox books, devotional literature and hymn books;

13 121 Bylaws of the Evangelical Lutheran Synod c) be watchful concerning purity and unity of doctrine (Ephesians 4:3-16; 1 Corinthians 1:10) by studying doctrinal questions which are in special need of study and discussion, trying the spirits (1 John 4:1), and warning against encroaching sects, as well as against errors and unchristian trends (1 Timothy 4:16), in accordance with the Holy Scriptures; d) establish and promote home and foreign missions; e) establish, manage and maintain institutions of learning for the training of pastors and teachers and for the general Christian education of its people; f) promote and support the establishment of Christian Day Schools for the instruction of the young; g) promote works of charity; h) establish, gather and administer the funds required for the synod s operation; i) exercise supervision over the synod s institutions and the work of its pastors and the practice of its members which is carried out by the president with the assistance of officers and circuit visitors. The visitors are clergy who are elected by the synod and serve under the jurisdiction of the president (see paragraph c above); j) promote one General Pastoral Conference to be held annually and at least one pastoral conference in each circuit, and k) in accordance with the Scriptures (Galatians 6:1-2) serve to mediate in controversies which may arise in the synod or within its membership. Paragraph 1 Synodical conventions are to be held annually. Chapter IV: Conventions Paragraph 2 Member congregations should make every effort to be represented at the synodical conventions by their pastor(s) and by two duly elected delegates. These delegates shall be elected by the congregations and shall present their credentials to the convention for action. The pastors serving member congregations who are in attendance at the convention and the properly seated delegates constitute the voting membership of the convention. a) A clergy member with emeritus status, who is serving a vacancy at the time of a convention, shall have the right to vote at the synod convention, with the vacancy congregation(s) providing convention fees and expenses. b) Pastors emeriti are not to be elected as lay delegates. c) A quorum, a majority of the voting members, shall be necessary for conducting business. d) The president shall have the right to vote only to break a tie. Paragraph 3 Special conventions shall be held a) when a regular convention so decides, b) when at least one-third of the congregations so request, or c) when the president, in concurrence with the Board of Trustees, calls for such a convention. Normally, the delegates and committees of the previous regular convention shall serve at such special conventions. Paragraph 4 Male members holding individual membership in the synod are advisory members to the convention and may serve on its committees. The convention shall decide who, in addition to the voting and advisory members, shall be given the right to speak. Chapter V: Sphere of Jurisdiction of the Convention Paragraph 1 The synodical conventions shall work to attain the purposes outlined in Chapter III of the constitution and to that end shall: a) review the activities of the synod as conducted by its officers, boards and committees during the previous year;

14 121 Bylaws of the Evangelical Lutheran Synod b) by careful planning and proper resolutions arrange for the future work of the synod; c) elect a president, a vice president and a secretary of the synod; d) elect such boards and committees as the synod may determine. Only those may serve on its boards and committees who are members of the synod, and men of good repute; and e) decide the time and place of the next synodical convention. Paragraph 2 Convention business shall be conducted according to Robert s Rules of Order unless modified by the Bylaws of the Evangelical Lutheran Synod or its guidelines. Paragraph 3 With relation to the several congregations, the above-mentioned conventions are but advisory assemblies. Therefore, if a congregation believes that a (Synod) decision is in conflict with the Word of God, or finds that it does not serve its interests under the circumstances peculiar to it, the congregation should announce this to the presiding officer of the respective convention, and give its reasons for its opinion. If it does not make such announcement within six months after the secretary has published the decision of the Synod, the decision shall be considered accepted by the congregation, and it shall strive to implement it. Chapter VI: Election of Officers and Trustees Paragraph 1 The president, vice president and secretary of the synod shall be nominated and elected by ballot for a term of four (4) years and shall enter upon the duties of their respective offices on the first day of the second month following the conclusion of the convention at which they are elected. At the regular convention at which these bylaws are ratified the president and the vice president shall be elected for terms of four (4) years and the secretary for a term of (2) years. Thereafter all officers shall be elected for four (4) year terms as their terms expire. To the office of president and vice president only such men who are ordained members of the clergy of the Evangelical Lutheran Synod and who have served in the parish ministry of the synod may be elected and may serve. To the office of secretary only such men may be elected and may serve as are members of a congregation holding membership in the synod. Paragraph 2 In electing the other trustees, the normal procedure for nominations shall be followed and the vote shall be by ballot. These shall be elected for a term of three (3) years; two (2) being elected at each annual convention of the synod and a third one in the year the constitution is ratified and each third year thereafter. Paragraph 3 For the election of officers and trustees a majority of votes cast is required. Paragraph 4 In the event of the president s death or resignation, or his inability to fulfill the duties of his office when certified by resolution of two-thirds of the Board of Trustees, the vice president shall succeed to the office of president. Other vacancies on the Board of Trustees, including those of the synodical vice president and secretary shall be filled by appointment of the Board of Trustees, and those appointed shall serve until the synod s next regular convention, when successors shall be elected for any unexpired portion of the term. The president and secretary thus appointed shall be president and secretary of the Board of Trustees also. Chapter VII: Jurisdiction and Duties of the Officers Paragraph 1: President The duties of the president shall be: a) Concerning conventions: 1) to call the conventions of the synod in accordance with the provisions of Chapter IV, Paragraph 2; 2) to preside at the conventions of the synod; 3) to select the theme and essayist for the convention; 4) to present a slate of nominations for the convention committees;

15 121 Bylaws of the Evangelical Lutheran Synod 5) to report to each regular convention on his work as well as on the condition of the synod in general; b) to supervise the work of the synod and of its elected boards and committees (see Chapter III of these bylaws), of which boards and committees he is a non-voting advisory member by virtue of his office; c) to appoint replacements to the synod s boards and committees when vacancies occur unless excepted by these bylaws; which appointees shall serve until the next regular convention, 1) If a board or committee is not scheduled to meet before the next convention following the date of the vacancy, the position shall be filled by the next annual convention. 2) A vacancy more than six months before the next annual synod convention should be filled by the president. 3) If a vacancy occurs less than six months before the next convention and the president determines that the vacancy will harm the work of the body, he shall fill the vacancy by appointment; if the vacancy will not harm the work, it remains until the next election. 4) At no time should a board or committee be lacking more than 25 percent of its elected membership unless it has no scheduled meetings. d) Pastoral oversight 1) to ascertain that candidates for the office of the ministry have been properly examined. 2) to arrange for the colloquies of pastors and teachers who desire to join the synod (see Guidelines for the Colloquy Committee). 3) to be present at least at the regular pastoral conferences (see Guidelines for the General Pastoral Conference). e) to provide advisory lists of suitable candidates to fill vacancies in the offices of pastors and teachers (see Guidelines for Pastor or Teacher Vacancy). f) to supervise the work of the circuit visitors. g) to order the periodical review of guidelines as necessary. h) to represent the synod in all other areas of its concern. Paragraph 2: Vice president The duties of the vice president shall be: a) to serve as an advisory member to the Board of Trustees; b) to perform such functions as the president may assign to him; and, c) to serve as president when the president is unable to fulfill the duties of his office. d) to serve on the Colloquy Committee (see Guidelines for the Colloquy Committee, Article II, A, 2). Paragraph 3: Secretary The duties of the secretary shall be: a) to keep the minutes of the synodical conventions and provide for publication of the proceedings; b) to prepare such communications from the synod as it or its president may direct; c) to announce time, place and agenda of synodical conventions; d) to keep a record of all transactions of the Board of Trustees and have the custody of the corporate seal; e) to serve as statistician for the synod and compile a parochial report based on data annually submitted by congregations. f) to insert adopted amendments into the official documents of the synod. Administrative, editorial and other non-policy changes may be authorized by only the synod secretary, who shall consider recommendations of the Synod Review Committee (see General Synodical Guidelines, Article III.A, and Guidelines for the Synod Review Committee, Article II.C). g) to review amendments that do not concern synod policy, recommended by the Synod Review Committee, and insert them in the appropriate documents. (See General Synodical Guidelines, Article III.A.3; Guidelines for the Synod Review Committee, Article II.C; SR 2012, pp , Res. 9, p.148.)

16 121 Bylaws of the Evangelical Lutheran Synod Paragraph 4: Circuit Visitors a) The synod is divided into circuits, which are not governing divisions (i.e., districts) of the synod, for the purpose of carrying out the work of the synod president (see Guidelines for the Circuit Visitors and Visitations). b) Circuit visitors are responsible to the synod president to assist him in his supervisory work with the clergy and congregations (see Guidelines for the Circuit Visitors and Visitations, Article II.A.) There shall be a visitor and an alternate visitor elected to two-year terms for each circuit. (See Paragraph 1.) Paragraph 5: Discipline or Removal from Office Officers, duly elected under the terms and conditions of The Constitution of the Evangelical Lutheran Synod and its bylaws, are subject to the bylaws and guidelines of the synod as they have been approved by various conventions. These officers, subject to the same human strengths and frailties as other men, and likely being subject to more serious attacks by Satan, must, when necessary, be subject to church discipline. Love for the man, the office that he serves, the synod and the Word of God must be at the heart of all disciplinary proceedings. This is My commandment, that you love one another as I have loved you (John 15:12). In respect for the Eighth Commandment, any charges or assertions that are made must be specifically witnessed. Luther has written God does not want the reputation, good name, and upright character of our neighbor taken away or diminished Here belongs particularly the detestable, shameful vice of speaking behind a person s back and slandering, to which the devil spurs us on. 1 The synod may suspend an officer if, after due admonition, he persists in teaching or acting contrary to the synod s confessional standard or persists without repentance in an immoral action or behavior. In certain cases, a substantiated public immoral action may require immediate dismissal from his office. The following guidelines apply to the president, the vice president and secretary in their capacity only as elected officers of the synod. a) The secretary, after being informed in writing by two or more synod members, clergy or lay, that there may be just cause for the president to be disciplined or removed from office, shall inform the officer and shall consult with the circuit visitor of the president. Included among reasons that could support such a charge or assertion are physical or mental incompetence, or the failure or inability to fulfill the duties as required in this Constitution, its Bylaws and Guidelines. 1) The secretary and the circuit visitor shall review the charges or assertions and they may interview people who have knowledge of, or direct involvement in, the case. If the secretary and the circuit visitor determine that the charges or assertions are without merit, they shall so inform the president and the persons making the charges or assertions. The report shall include the reasons for the decision. 2) If the secretary and the circuit visitor determine that the charges or assertions warrant further investigation, they shall refer the matter to the Board of Trustees who shall appoint a committee to make a determination concerning the ability of the president to continue in office. The committee shall be composed of the circuit visitor, three additional clergymen and a layman; one of those appointed shall be a member of the Doctrine Committee and one shall be a pastor emeritus. The secretary shall not be a member of the committee. No one appointed shall be a party involved in the case. The conduct of the review shall rest solely with the committee. It shall have the right and authority to examine all pertinent evidence and to require such testimony which in its judgment is relevant. If the charges or assertions are found to be without merit, the committee shall inform the president, the secretary and the persons making the charges or assertions. The report shall include the reasons for the decision. If the charges are found to be substantiated, the committee shall notify the president and the secretary and forward its determination to the Board of Trustees who shall issue a decision which may be removal from office or the taking of another action, keeping in mind the requirements of the Bylaws of the Evangelical Lutheran Synod, Chapter VI, Paragraph 4. Should the president be removed from office, see Guidelines for the Synod s Relationship to its Executive Officers, Article I.E.4. 1 Concordia, the Lutheran Confessions, Concordia Publishing House, St. Louis, MO, 2006, The Large Catechism, The Ten Commandments, 256, 264, pp

17 121 Bylaws of the Evangelical Lutheran Synod b) The president, after being informed in writing by two or more synod members, clergy or lay, that there may be just cause for the vice president to be disciplined or removed from office, shall inform the officer and shall consult with the circuit visitor of the vice president. Included among reasons that could support such a charge or assertion are physical or mental incompetence, or the failure or inability to fulfill the duties as required in this Constitution, its Bylaws and Guidelines. 1) The president and the circuit visitor shall review the charges or assertions and they may interview people who have knowledge of, or direct involvement in, the case. If the president and the circuit visitor determine that the charges or assertions are without merit, they shall so inform the vice president and the persons making the charges or assertions. The report shall include the reasons for the decision. 2) If the president and the circuit visitor determine that the charges or assertions warrant further investigation, they shall refer the matter to the Board of Trustees who shall appoint a committee to make a determination concerning the ability of the vice president to continue in office. The committee shall be composed of the circuit visitor, three additional clergymen and one layman; one of those appointed shall be a member of the Doctrine Committee and one shall be a pastor emeritus. The president shall not be a member of the committee. No one appointed shall be a party involved in the case. The conduct of the review shall rest solely with the committee. It shall have the right and authority to examine all pertinent evidence and to require such testimony which in its judgment is relevant. If the charges or assertions are found to be without merit, the committee shall inform the vice president, the president and the persons making the charges or assertions. The report shall include the reasons for the decision. If the charges or assertions are found to be substantiated, the committee shall notify the vice president and the president and forward its determination to the Board of Trustees, who shall issue a decision which may be removal from office or the taking of another action, keeping in mind the requirements of the Bylaws of the Evangelical Lutheran Synod, Chapter VI, Paragraph 4. c) The president, after being informed in writing by two or more synod members, clergy or lay, that there may be just cause for the secretary to be disciplined or removed from office, shall inform the officer and shall consult with the circuit visitor of the secretary. Included among reasons that could support such a charge or assertion are physical or mental incompetence, or the failure or inability to fulfill the duties as required in this Constitution, its Bylaws and Guidelines. 1) The president and the circuit visitor shall review the charges or assertions and they may interview people who have knowledge of, or a direct involvement in, the case. If the president and the circuit visitor determine that the charges or assertions are without merit, they shall so inform the secretary and the persons making the charges or assertions. The report shall include the reasons for the decision. 2) If the president and the circuit visitor believe that the charges or assertions warrant further investigation, they shall refer the matter to the Board of Trustees who shall appoint a committee to make a determination concerning the secretary s ability to continue in office. The committee shall be composed of the circuit visitor, three additional clergymen and one layman; one of those appointed shall be a member of the Doctrine Committee and one shall be a pastor emeritus. The president shall not be a member of the committee. No one appointed shall be a party involved in the case. The conduct of the review shall rest solely with the committee. It shall have the right and authority to examine all pertinent evidence and to require such testimony which in its judgment is relevant. If the charges or assertions are found to be without merit, the committee shall inform the secretary, the president and the persons making the charges or assertions. The report shall include the reasons for the decision. If the charges or assertions are found to be substantiated, the committee shall notify the secretary and the president and forward its determination to the Board of Trustees who shall issue a decision which may be removal from office or the taking of another action, keeping in mind the requirements of the Bylaws of the Evangelical Lutheran Synod, Chapter VI, Paragraph 4. d) The synod treasurer is not an elected officer but is appointed by the Board of Trustees (Guidelines for the Board of Trustees, Article II.D).

18 121 Bylaws of the Evangelical Lutheran Synod e) If the charges or assertions have been made public and are frivolous or not substantiated, the matter should be reported to the synod to the extent that it has been made public. f) When it is necessary for the Board of Trustees to discuss a matter under a.2, b.2 or c.2 of this paragraph, the officers should absent themselves from the meeting. The meeting shall be chaired by a member chosen by the board. g) An officer who has undergone disciplinary action under these bylaws shall have the right to appeal to the synod according to the Guidelines for Synodical Discipline and Appeal, Article V.D to H as amended. All evidence gathered in the preceding actions shall be forwarded to the Commission on the Appeal. If a president or vice president is making the appeal, the appeal should be addressed to the secretary. If it is the secretary making the appeal, the appeal should be addressed to the president. h) If there is an appeal from the decision determined under these guidelines, the members selected on the Commission on the Appeal shall not be members of the committee in a.2, b.2 or c.2. i) The Board of Trustees shall include in its report to the next regular synod convention any actions that have been taken under the provisions of Chapter VII, Paragraph 5. Chapter VIII: Amendments Amendments to these bylaws may be made in the following manner: Resolutions for amendments are to be presented to a regular convention, and if adopted by a two-thirds majority vote, shall become amendments to the bylaws. Amended Chapter VII, Paragraph 5: 2011 Synod Report, pages Chapter II, Paragraph 1: 2014 Synod Report, page 128 Chapter II, Paragraph 1, a, c, and d: 2014 Synod Report, page 128 Chapter II, Paragraph 2: 2014 Synod Report, page 128 Chapter III, i: 2014 Synod Report, pages Chapter VII, Paragraph 1: 2014 Synod Report, page 128 Chapter VII, Paragraph 2, d: 2014 Synod Report, page 128 Chapter VII, Paragraph 3, f, g: 2014 Synod Report, page 128 Chapter V, Paragraph 2: 2014 Synod Report, page 129 Chapter VII, Paragraph 4: 2014 Synod Report, page 129 Chapter VII, Paragraph 5: 2015 Synod Report, page 123 Chapter IV, Paragraph 2: Synod Report, page 148 Chapter VII, Paragraph 4: Synod Report, page 148